‘Common Law’: The Legal Battle Over Black Hair and Protective Hairstyles
Black women facing discrimination for wearing their hair naturally have not been successful in the courts, pointing to the need for other solutions, a University of Virginia School of Law graduate explains on the latest episode of “Common Law.”
Nguenang wrote about employment litigation concerning hair in her student note for the Virginia Law Review, “Black Women's Hair and Natural Hairstyles in the Workplace.” As a law student, Nguenang also served as a research assistant for Hwang’s corporate law scholarship.
Nguenang, who is originally from Cameroon, noted she was surprised by the discrimination some women have faced in such cases, because she hails from a country where Black hair and natural hairstyles are the norm.
She and the hosts talk about how some of the litigation happened; the possibility for an expanded definition of Title VII, which prohibits employment discrimination based on race, color, religion, sex and national origin; and the CROWN Act — proposed legislation that would protect employees from race-based hair discrimination. They also talk about the benefits of protective hairstyles that keep ends tucked away, such as twists, braids, updos and wigs.
This season, called “Co-Counsel,” features a rotating set of co-hosts: Hwang, Danielle Citron, John Harrison and Greg Mitchell. Each is joining Goluboff to discuss cutting-edge research on law topics of their choice.
Founded in 1819, the University of Virginia School of Law is the second-oldest continuously operating law school in the nation. Consistently ranked among the top law schools, Virginia is a world-renowned training ground for distinguished lawyers and public servants, instilling in them a commitment to leadership, integrity and community service.